Gangmasters Licensing Authority
Encyclopedia
The Gangmasters Licensing Authority is an agency in the United Kingdom regulating the supply of workers to the agricultural
, horticultural
and shellfish
industries. Employment agencies
(labour providers) working in those fields have had to be licenced by the authority since 1 October 2006.
which was established on 1 April 2005 by the Gangmasters (Licensing) Act 2004
, passed as the result of the 2004 Morecambe Bay cockling disaster
. The primary purpose of the authority is to prevent the exploitation of workers in the food production sector. It is based in Bilborough
in north-west Nottingham
.
and forced labour and to improve health and safety standards, in what had become an unregulated area of employment.
Businesses which provide labour in the following sectors need to be licensed:
Until the Deregulation and Contracting Out Act 1994, introduced by Conservative minister John Redwood
, all such agencies would have needed to operate under such a scheme. This followed from the Employment Agencies Act 1973
, which required all employment agencies to be licensed. The 1994 Act removed the licensing regime, though there have been renewed calls for its reintroduction, especially given the drive for the Temporary and Agency Worker (Equal Treatment) Bill.
Four specific offences have been established by the Act:
Moves to create the Licensing Authority were spearheaded by the Temporary Labour Working Group
, a coalition of the National Farmers Union
, the Transport & General Workers' Union, the Food and Drink Federation
, the British Retail Consortium
and the Ethical Trading Initiative
. Jim Sheridan introduced a Private Members Bill into Parliament early in 2004 and the Government adopted this bill following the deaths of 23 Chinese cockle
pickers in the 2004 Morecambe Bay cockling disaster
, England on 5 February 2004.
In England and Wales
, and Northern Ireland
, enforcement officers have certain powers of arrest (see below) in relation to the following offences:
An enforcement officer may arrest:
This power is in addition to the "any person" power of arrest under section 24A of the Police and Criminal Evidence Act 1984 (or Article 26A of the Police and Criminal Evidence (Northern Ireland) Order 1989 in Northern Ireland).
criticised the government for failing to extend the Authority's regime for gangmasters to sectors such as construction
, hospitality
and care work
. It was estimated that at least 2 million workers were left out while UCATT, the building workers’ union, said that that one East European worker was paid only £8.80 for a 39-hour week.
Agriculture
Agriculture is the cultivation of animals, plants, fungi and other life forms for food, fiber, and other products used to sustain life. Agriculture was the key implement in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that nurtured the...
, horticultural
Horticulture
Horticulture is the industry and science of plant cultivation including the process of preparing soil for the planting of seeds, tubers, or cuttings. Horticulturists work and conduct research in the disciplines of plant propagation and cultivation, crop production, plant breeding and genetic...
and shellfish
Shellfish
Shellfish is a culinary and fisheries term for exoskeleton-bearing aquatic invertebrates used as food, including various species of molluscs, crustaceans, and echinoderms. Although most kinds of shellfish are harvested from saltwater environments, some kinds are found only in freshwater...
industries. Employment agencies
Employment agency
An employment agency is an organization which matches employers to employees. In all developed countries there is a publicly funded employment agency and multiple private businesses which also act as employment agencies.-Public employment agencies:...
(labour providers) working in those fields have had to be licenced by the authority since 1 October 2006.
History
The agency is a non-departmental public bodyNon-departmental public body
In the United Kingdom, a non-departmental public body —often referred to as a quango—is a classification applied by the Cabinet Office, Treasury, Scottish Government and Northern Ireland Executive to certain types of public bodies...
which was established on 1 April 2005 by the Gangmasters (Licensing) Act 2004
Gangmasters (Licensing) Act 2004
The Gangmasters Act 2004 is an Act of the Parliament of the United Kingdom that regulates the agencies that place vulnerable workers in agricultural work, and the shellfish collecting and packing industries . It is the most recent plank of UK agency worker law...
, passed as the result of the 2004 Morecambe Bay cockling disaster
2004 Morecambe Bay cockling disaster
The Morecambe Bay cockling disaster occurred on the evening of 5 February 2004 at Morecambe Bay in North West England, when at least 21 cockle pickers were drowned by an incoming tide off the Lancashire/Cumbrian coast....
. The primary purpose of the authority is to prevent the exploitation of workers in the food production sector. It is based in Bilborough
Bilborough
Bilborough is a suburb of the city of Nottingham, England.Located just off the A6002 road is Bilborough College.Bilborough has a high street containing a bank , a butcher's shop, a Gregg's, a library and a Co-op store among others....
in north-west Nottingham
Nottingham
Nottingham is a city and unitary authority in the East Midlands of England. It is located in the ceremonial county of Nottinghamshire and represents one of eight members of the English Core Cities Group...
.
Licensing
The GLA was set up to prevent the exploitation of workers, particularly by debt bondageDebt bondage
Debt bondage is when a person pledges him or herself against a loan. In debt bondage, the services required to repay the debt may be undefined, and the services' duration may be undefined...
and forced labour and to improve health and safety standards, in what had become an unregulated area of employment.
Businesses which provide labour in the following sectors need to be licensed:
- agriculture, including horticulture, forestry work, dairy farming, the production of consumable produce (whether for profit or not), the raising of animals that will enter the food chain, and the use of land as grazing, meadow or pasture land
- processing and packaging of products (food and drink) containing an agricultural component, any animal product that will enter the food chain, shellfish/fish products, plants/flowers/bulbs, and pet/animal feed
- gathering shellfish.
Until the Deregulation and Contracting Out Act 1994, introduced by Conservative minister John Redwood
John Redwood
John Alan Redwood is a British Conservative Party politician and Member of Parliament for Wokingham. He was formerly Secretary of State for Wales in Prime Minister John Major's Cabinet and was an unsuccessful challenger for the leadership of the Conservative Party in 1995...
, all such agencies would have needed to operate under such a scheme. This followed from the Employment Agencies Act 1973
Employment Agencies Act 1973
Employment Agencies Act 1973 is a United Kingdom Act of Parliament and part of a wider body of UK agency worker law. It regulates the conduct of employment agencies which recruit and manage temporary and permanent labour. It applies to approximately 17,000 employment agencies operating in the UK...
, which required all employment agencies to be licensed. The 1994 Act removed the licensing regime, though there have been renewed calls for its reintroduction, especially given the drive for the Temporary and Agency Worker (Equal Treatment) Bill.
Enforcement
Companies who use labour providers in these sectors are termed ‘labour users’, and have faced prosecution if they use workers or services provided by an unlicensed labour provider, since 1 December 2006.Four specific offences have been established by the Act:
- Operating without a licence
- Obtaining or possessing a false licence or false documentation which is likely to cause another person to believe that a person acting as a gangmaster is licensed
- Using an unlicensed gangmaster (subject to a reasonable steps/due diligence defence)
- Obstruction of enforcement officers/compliance officers exercising their functions under the Act
Moves to create the Licensing Authority were spearheaded by the Temporary Labour Working Group
Temporary Labour Working Group
The Temporary Labour Working Group was a UK industry consortium set up to establish a set of minimum standards for employment agencies working in agriculture and horticulture. It was founded in September 2002 and convened by the Ethical Trading Initiative. It led to the passing of the Gangmasters ...
, a coalition of the National Farmers Union
National Farmers Union
National Farmers Union may refer to:*National Farmers Union *National Farmers Union *National Farmers Union *National Farmers Union of Scotland*National Farmers Union -See also:...
, the Transport & General Workers' Union, the Food and Drink Federation
Food and Drink Federation
The Food and Drink Federation is a membership organisation that represents and advises UK food and drink manufacturers.-Membership:Its members are companies of all sizes as well as trade associations and groups dealing with specific sectors of the industry.The food and drink manufacturing industry...
, the British Retail Consortium
British Retail Consortium
The British Retail Consortium is one of the leading trade associations in the United Kingdom. They represent all forms of retailers from small, independently owned stores, to big chain stores and department stores...
and the Ethical Trading Initiative
Ethical Trading Initiative
The Ethical Trading Initiative is an alliance of companies, trade unions and voluntary organisations working in partnership to improve the working lives of people across the globe who make or grow consumer goods....
. Jim Sheridan introduced a Private Members Bill into Parliament early in 2004 and the Government adopted this bill following the deaths of 23 Chinese cockle
Cockle (bivalve)
Cockle is the common name for a group of small, edible, saltwater clams, marine bivalve molluscs in the family Cardiidae.Various species of cockles live in sandy sheltered beaches throughout the world....
pickers in the 2004 Morecambe Bay cockling disaster
2004 Morecambe Bay cockling disaster
The Morecambe Bay cockling disaster occurred on the evening of 5 February 2004 at Morecambe Bay in North West England, when at least 21 cockle pickers were drowned by an incoming tide off the Lancashire/Cumbrian coast....
, England on 5 February 2004.
Powers of officers
The Secretary of State for the Environment, Food and Rural Affairs can appoint "enforcement officers" to enforce the 2004 Act.In England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, enforcement officers have certain powers of arrest (see below) in relation to the following offences:
- acting as an unlicensed gangmaster, and
- possessing a license that is false, improperly obtained or that belongs to someone else, with the intention of causing another person to believe they (or someone else) are a licensed gangmaster.
An enforcement officer may arrest:
- anyone who is about to commit such an offence,
- anyone whom he has reasonable grounds for suspecting to be about to commit such an offence, and
- if he has reasonable grounds for suspecting that such an offence has been committed, then anyone whom he has reasonable grounds for suspecting to be guilty of the offence.
This power is in addition to the "any person" power of arrest under section 24A of the Police and Criminal Evidence Act 1984 (or Article 26A of the Police and Criminal Evidence (Northern Ireland) Order 1989 in Northern Ireland).
Limited scope
The Trades Union CongressTrades Union Congress
The Trades Union Congress is a national trade union centre, a federation of trade unions in the United Kingdom, representing the majority of trade unions...
criticised the government for failing to extend the Authority's regime for gangmasters to sectors such as construction
Construction
In the fields of architecture and civil engineering, construction is a process that consists of the building or assembling of infrastructure. Far from being a single activity, large scale construction is a feat of human multitasking...
, hospitality
Hospitality
Hospitality is the relationship between guest and host, or the act or practice of being hospitable. Specifically, this includes the reception and entertainment of guests, visitors, or strangers, resorts, membership clubs, conventions, attractions, special events, and other services for travelers...
and care work
Care work
Care work is a sub-category of work that includes all tasks that directly involve care processes done in service of others. Oftentimes, it is differentiated from other forms of work because it is intrinsically motivated, meaning that people are motivated to pursue care work for internal reasons,...
. It was estimated that at least 2 million workers were left out while UCATT, the building workers’ union, said that that one East European worker was paid only £8.80 for a 39-hour week.
Helpline
The GLA helpline (0845 602 5020) only provides for workers to report mistreatment and illegal pay rates in the GLA regulated sectors. The UK government has since set up the Pay and Work Rights Helpline (0800 917 2368) for all workers in the UK to report abuses.See also
- 2004 Morecambe Bay cockling disaster2004 Morecambe Bay cockling disasterThe Morecambe Bay cockling disaster occurred on the evening of 5 February 2004 at Morecambe Bay in North West England, when at least 21 cockle pickers were drowned by an incoming tide off the Lancashire/Cumbrian coast....
- Agency Workers DirectiveAgency Workers DirectiveThe EU Temporary and Agency Workers Directive is an EU Directive agreed in November 2008 which seeks to guarantee those working through employment agencies equal pay and conditions with employees in the same business who do the same work...
- Paul Chapple Whitehouse, appointed the Chairman of the Gangmasters Licensing Authority in 2005
- Temporary Labour Working GroupTemporary Labour Working GroupThe Temporary Labour Working Group was a UK industry consortium set up to establish a set of minimum standards for employment agencies working in agriculture and horticulture. It was founded in September 2002 and convened by the Ethical Trading Initiative. It led to the passing of the Gangmasters ...
- UK agency worker law
External links
- Gangmasters Licensing Authority official website
- TGWU Campaign
- Gangmasters (Licensing) Act 2004
- The Gangmasters (Licensing Authority) Regulations 2005
- Pay & Work Rights Helpline